Quotulatiousness

June 11, 2013

Remember the Canadian political scandals?

Filed under: Cancon, Humour, Politics — Tags: , , , , — Nicholas @ 10:49

Andrew Coyne got the secret decoder ring from one of his readers:

Federal government denies collecting electronic data on Canadians

Filed under: Cancon, Government, Media, Technology — Tags: , , , , , — Nicholas @ 08:55

Oh, well, if the government denies doing something I guess they pretty much have to be telling the truth, right? Unfortunately, the photo accompanying this Toronto Star article doesn’t show if Peter MacKay is crossing the fingers on his left hand:

The Conservative government flatly denies Canadian spy agencies are conducting any unauthorized electronic snooping operations.

After facing questions from the NDP Opposition about how far he has authorized Ottawa’s top secret eavesdropping spy agency to go, a terse Conservative Defence Minister Peter MacKay left the Commons, telling the Star: “We don’t target Canadians, okay.”

A former Liberal solicitor general says that doesn’t mean other allied spy agencies don’t collect information on Canadians and share it with the Canadian spying establishment.

Liberal MP Wayne Easter, who was minister responsible for the spy agency CSIS in 2002-03, told the Star that in the post-9/11 era a decade ago it was common for Canada’s allies to pass on information about Canadians that they were authorized to gather but Ottawa wasn’t.

The practice was, in effect, a back-door way for sensitive national security information to be shared, not with the government, but Communications Security Establishment Canada (CSEC) and, if necessary, the Canadian Security Intelligence Service (CSIS).

CSEC is a new bit of alphabet soup in the public sphere … I’d never heard of the organization until yesterday. Tonda MacCharles explains what the agency is empowered to do:

The CSEC, an agency that is rarely in the public eye, has far-reaching national security powers to monitor and map electronic communication signals around the globe.

It is forbidden by law to target or direct its spying on Canadians regardless of their location anywhere in the world, or at any person in Canada regardless of their nationality.

The National Defence Act says CSE may, however, unintentionally intercept Canadians’ communications, but must protect their privacy in the use and retention of such “intercepted information.” The agency’s “use” of the information is also restricted to cases where it is “essential to international affairs, defence or security.”

CSEC’s job is to aid federal law enforcement and security agencies, including the military, in highly sensitive operations. It was a key component of Canadian operations in Afghanistan, for example.

June 10, 2013

Happy Tax Freedom Day

Filed under: Cancon, Economics, Government, Liberty — Tags: , — Nicholas @ 12:29

Today is the day that Canadians start earning money for themselves, having worked the year up to this point to pay for our various levels of government:

Tax Freedom Day, the day Canadian families have made enough money to pay off the total tax bill levied by all levels of government, falls on Monday, June 10 this year, according to the Fraser Institute’s annual calculations.

Tax Freedom Day arrives two days later than 2012 when it fell on June 8.

“Canadians are waiting an extra two days to celebrate Tax Freedom Day partly because governments across the country continue to increase taxes in an effort to make up for their overspending and deficits,” said Charles Lammam, Fraser Institute associate director of tax and budget policy and co-author of Canadians Celebrate Tax Freedom Day on June 10, 2013.

“What’s worse, some governments are relying on the most damaging types of tax increases including higher tax rates on personal income and investment, which will ultimately discourage economic growth.”

Among the tax increases announced so far are hikes to BC’s corporate income tax and top personal tax rate as well as its Medical Services Plan premiums; a new top income tax bracket in Quebec; increases to Manitoba’s Provincial Sales Tax and financial corporate capital tax; increases to New Brunswick’s corporate income tax and all four personal income tax rates; increased taxes on small businesses in PEI; cancellation of a corporate tax decrease in Saskatchewan; and increased Employment Insurance premiums federally.

Tax Freedom Day also comes later this year because Canada’s progressive tax system imposes a higher tax burden on families as their incomes increase.

You can use the Fraser Institute’s Personal Tax Freedom Day calculator to find your own tax freedom day here.

No surprise here – there’s also a maple-flavoured PRISM

Filed under: Cancon, Government, Media — Tags: , , , , , — Nicholas @ 11:05

In the Globe and Mail, Colin Freeze covers the Canadian data collection program that was approved by the Martin government in 2005 and “renewed” by the Harper government in 2011:

Defence Minister Peter MacKay approved a secret electronic eavesdropping program that scours global telephone records and Internet data trails — including those of Canadians — for patterns of suspicious activity.

Mr. MacKay signed a ministerial directive formally renewing the government’s “metadata” surveillance program on Nov. 21, 2011, according to records obtained by The Globe and Mail. The program had been placed on a lengthy hiatus, according to the documents, after a federal watchdog agency raised concerns that it could lead to warrantless surveillance of Canadians.

There is little public information about the program, which is the subject of Access to Information requests that have returned hundreds of pages of records, with many passages blacked out on grounds of national security.

It was first explicitly approved in a secret decree signed in 2005 by Bill Graham, defence minister in Paul Martin’s Liberal government.

It is illegal for most Western espionage agencies to spy on their citizens without judicial authorization. But rising fears about foreign terrorist networks, coupled with the explosion of digital communications, have shifted the mandates of secretive electronic-eavesdropping agencies that were created by military bureaucracies to spy on Soviet states during the Cold War.

The Canadian surveillance program is operated by the Communications Security Establishment Canada (CSEC), an arm of the Department of National Defence.

June 9, 2013

The new heckler’s veto – the called-in bomb threat

Filed under: Cancon, Law, Sports — Tags: , , , — Nicholas @ 10:39

A charity event in Halifax had to be cancelled due to a phoned-in bomb threat:

A bomb threat that forced one of the Canadian Cancer Society’s biggest fundraisers to cancel on Friday night is still being felt by other groups organizing their annual walks and runs this weekend.

Halifax Regional Police said someone called 911 from a payphone at the corner of Spring Garden Road and South Park Street and made threats that alluded to the Boston Marathon bombing.

Nearby, nearly 700 people were gathered at the Oval in the Halifax Common for the Relay for Life.

Police met with the organizers and the fundraiser was called off, ruining a year’s worth of work by dozens of volunteers.

“I would say don’t ever do this again because you are hurting people in their time of need,” said Barbra Stead-Coyle, CEO of the Cancer Society.

“Last night my heart broke for the volunteers who put their whole heart and soul into making last night’s events.”

June 7, 2013

The world’s longest undefended “no touching zone”

Filed under: Cancon, History, USA — Tags: , , — Nicholas @ 00:01

H/T to John Farrier for the link.

June 6, 2013

D-Day 1942 or 1943

Filed under: Britain, Cancon, France, Germany, History, Military, USA, WW2 — Tags: , , , — Nicholas @ 10:17

At Military History Now, there’s a look at a few of the allied plans for invading France before the actual June 6, 1944 operation:

IKE’S SLEDGEHAMMER
Almost as soon as America entered the war with Nazi Germany, generals Dwight Eisenhower and George Marshall were both lobbying for a strike across the English Channel into France. One plan foresaw a joint British and American assault on either of the French port cities of Cherbourg or Brest as early as the fall of 1942. The operation, codenamed Sledgehammer, would see a force of just six divisions attack, capture and hold either one of the two strategically-vital, deep-water harbours. The force, which likely would have totalled no more than 60,000 men, would have been expected to withstand the inevitable Nazi counterattacks until spring when more reinforcements could arrive. Despite the fact that the Germans would have been free to throw as many as 30 divisions at the invaders, the U.S. Joint Chiefs (as well as the Soviets) endorsed Sledgehammer wholeheartedly. The American commanders seemed to favour any plan that would bring U.S. forces into action in Europe quickly, while Stalin was thrilled at the prospect of an Allied offensive in Western Europe — anything to divert German forces away from the Russian front. Oddly enough, while the mission called for the heavy use of American air and sea power, at the time there was still only a handful of combat-ready U.S. Army units in England. As such, the ground portion of the invasion would be left entirely up to the British military. Cooler heads, namely Prime Minister Churchill, convinced Eisenhower to shelve Sledgehammer – Britain was already stretched thin in Egypt and America still had yet to fully mobilize for the war in Europe. An invasion of France would simply have to wait.

OPERATION ROUNDUP
Later in 1942, the Allies roughed out a second plan to put troops ashore in Western Europe the following spring. This operation, dubbed Roundup, called for 18 British and 30 American divisions to hit a series of landing zones along a 200 km stretch of coastline between Boulogne-sur-Mer near Calais and the port of Le Harve. Overhead, more than 5,700 Allied aircraft were to sweep the skies of the Luftwaffe clearing the way for a series of airborne drops. D-Day was set for some time in April or May of 1943. The British, already strained by three years of total war against the Axis, were understandably reluctant to throw their army headlong into the teeth of Germany’s Channel fortifications. They pushed instead to attack Sicily and Italy – what Churchill called the “soft underbelly of Europe” — by way of North Africa. A sober appraisal of British and American fleet strength, air assets and manpower ultimately convinced the Allied high command that no invasion could be mounted until 1944 at the earliest. For one thing, American factories had yet to manufacture enough of the landing craft needed for such a massive undertaking. Washington and London turned their attention instead towards a late 1942 invasion of Tunisia – Operation Torch. The rest is, as they say, history.

As any Canadian military historian would probably have said to either of these proposals … I have two words: Operation Jubilee.

The Dieppe Raid, also known as the Battle of Dieppe, Operation Rutter and, later, Operation Jubilee, was a Second World War Allied attack on the German-occupied port of Dieppe. The raid took place on the northern coast of France on 19 August 1942. The assault began at 5:00 a.m. and by 10:50 a.m. the Allied commanders were forced to call a retreat. Over 6,000 infantrymen, predominantly Canadian, were supported by a Canadian Armoured regiment and a strong force of Royal Navy and smaller Royal Air Force landing contingents.

The objective of the raid was discussed by Winston Churchill in his war memoirs:

    “I thought it most important that a large-scale operation should take place this summer, and military opinion seemed unanimous that until an operation on that scale was undertaken, no responsible general would take the responsibility of planning the main invasion…

    In discussion with Admiral Mountbatten it became clear that time did not permit a new large-scale operation to be mounted during the summer (after Rutter had been cancelled), but that Dieppe could be remounted (with the new code-name “Jubilee”) within a month, provided extraordinary steps were taken to ensure secrecy. For this reason no records were kept but, after the Canadian authorities and the Chiefs of Staff had given their approval, I personally went through the plans with the C.I.G.S., Admiral Mountbatten, and the Naval Force Commander, Captain J. Hughes-Hallett.”

Objectives included seizing and holding a major port for a short period, both to prove it was possible and to gather intelligence from prisoners and captured materials, including naval intelligence in a hotel in town and a radar installation on the cliffs above it. Although the primary objective was not met and secondary successes were relatively few, some knowledge was gained while assessing the German responses. The Allies also wanted to destroy coastal defences, port structures and all strategic buildings. Due to the failure to secure Dieppe this objective was not met in any systematic sense. The raid had the added objective of providing a morale boost to the troops, Resistance, and general public, while assuring the Soviet Union of the commitment of the United Kingdom and the United States.

A total of 3,623 of the 6,086 men (almost 60%) who made it ashore were either killed, wounded, or captured. The Royal Air Force failed to lure the Luftwaffe into open battle, and lost 96 aircraft (at least 32 to flak or accidents), compared to 48 lost by the Luftwaffe.[2] The Royal Navy lost 33 landing craft and one destroyer. The events at Dieppe later influenced preparations for the North African (Operation Torch) and Normandy landings (Operation Overlord).

Operation Jubilee clearly showed that the plans for both Sledgehammer and Roundup would have been bloody failures.

“[D]espite breaking the Archives and Recordkeeping Act and ‘undermining’ freedom-of-information legislation, the scofflaws will not face penalties because there are none”

Filed under: Bureaucracy, Cancon, Government, Law — Tags: , , , , — Nicholas @ 08:40

It’s mighty handy to have thoughtfully passed a law against deleting official records — that includes no penalties whatsoever — just before you start breaking that law with abandon:

Top Liberal staffers — even in former premier Dalton McGuinty’s office — illegally deleted emails tied to the $585-million gas plant scandal, a parliamentary watchdog has found.

“It’s clear they didn’t want anything left behind in terms of a record on these issues,” Information and Privacy Commissioner Ann Cavoukian said Wednesday.

Her findings came in a scathing 35-page report prompted by NDP complaints that key Liberal political staff have no records on the controversial closures of plants in Mississauga and Oakville before the 2011 election.

However, despite breaking the Archives and Recordkeeping Act and “undermining” freedom-of-information legislation, the scofflaws will not face penalties because there are none, said Cavoukian.

“That’s the problem,” she said, noting the inadequate legislation was passed by the McGuinty Liberals. “It’s untenable. It has to have teeth so people just don’t engage in indiscriminate practices.”

Attorney General John Gerretsen said the government would consider changes.

“Any law, in order to be effective, there have to be some sort of penalty provisions,” he said. “We’ll take a look.”

If I were a betting man, I’d say that the chances of this “look” producing anything useful would be less than 1 in 10. If this were a private firm or an individual accused of deleting records that the government had an interest in seeing, I rather suspect they’d creatively find something in the existing body of law to use as a bludgeon. It’s charming that they didn’t think to include any penalties if the culprit was a government employee.

QotD: The CBC is “nothing but a zombie, slowly sucking up a dwindling fund of goodwill and nostalgia”

Filed under: Business, Cancon, Media, Quotations — Tags: , , , — Nicholas @ 08:22

As Postmedia and other newspaper empires pull paywalls down over their digital incarnations, CBC minions on Twitter have been caught crowing about their “no paywall” status, purchased by the taxpayer at the sensational bargain price of $1.2 billion a year.

It may be hard for readers to feel bad for the cartelizing Paywall Gang, but it is surely a tactical error for the CBC to call attention to its incredibly expensive “free” nature. The Broadcasting Act says the Corporation shall operate “radio and television” services; it doesn’t say anything about a website, much less a website that functions as a telegraphic gazette. Of course, times change and new media paradigms develop and blah blah blah, but the distinction here is crucial: The original pretext for the creation of the CBC was the limited, theoretically public nature of broadcast spectrum. To the degree that the CBC is now just one digital content provider among many, with a hypothetized mandate that puts it in a position to compete with newspapers, it can rightly be privatized, or destroyed, or handed over to its own employees, in order to unburden the public treasury.

Polls always demonstrate high levels of purported political support for the CBC. The public subsidy to the CBC is a forced transfer of wealth from people who don’t like it to people who do, and the “dos,” unsurprisingly, like the set-up just fine. In the U.S., donor-funded, non-profit “public” radio is equally adored by fans; the only difference is that they’re asked to chip in for their preferred electronic smarm or go without. No social or economic arguments against privatization of the CBC are possible. It’s nothing but a zombie, slowly sucking up a dwindling fund of goodwill and nostalgia. Mr. Dressup is dead, folks.

Colby Cosh, “Why the CBC has outlived its usefulness”, Maclean’s, 2013-06-06

June 5, 2013

Latest Rob Ford video rumour

Filed under: Cancon, Media, Politics — Tags: , , , — Nicholas @ 07:59

In the Toronto Sun, Jenny Yuen says the quest to track down the video that allegedly shows Toronto mayor Rob Ford smoking crack may be fruitless:

John Cook, the editor of New York-based gossip website Gawker, said Tuesday the alleged Rob Ford crack video might be “gone.”

Cook said the news came from the intermediary he had been dealing with to obtain the video.

“The intermediary called to tell me (Friday) that he had finally heard from the owner. And his message was: ‘It’s gone. Leave me alone,’” Cook said on the website. “It was, the intermediary told me, a short conversation.”

This comes just after a week Gawker, which broke the story of the alleged video, reached its $200,000 Crackstarter goal. The website has been holding on to the money in hopes of the seller will come forward.

The footage allegedly shows Mayor Rob Ford smoking what appears to be crack. Ford has denied the existence of the video and insisted he does not smoke crack.

June 4, 2013

LCBO intransigence triggers constitutional challenge

Filed under: Bureaucracy, Business, Cancon, Law, Liberty — Tags: , , , , , — Nicholas @ 11:02

This is kinda fascinating:

What started out as a simple privacy commissioner complaint has turned into a constitutional challenge of the validity of the Liquor Control Board of Ontario (LCBO) — and this time the Board has only itself to blame for the brouhaha, proving once again that Ontario’s LCBO is so far out of touch with the realities of today’s world, it’s downright scary. At a time when they should be thinking about transitioning out of the alcohol business, the Ontario provincial government and the LCBO seem to be clinging to its very existence with even more tenacity and verve than before. They’re like the old boxer clinging to past glories who just has to show you the right hook he can still throw — yet only ends up throwing out his shoulder. In the LCBO’s case, the word “Control” won’t be pried away from its “cold dead hands” anytime soon… or will it? In its most recent fight, the LCBO is proving it is a government entity most in need of being on the chopping block — if not the auction block — of government institutions that should be moved over to the private sector.

[. . .]

Why the LCBO has chosen to play hardball over such a trivial matter is incomprehensible; according to reports, the LCBO has decided to appeal the order and has asked that the records be sealed in the process. This seems to contravene common sense. “A government entity has chosen to spend hundreds of thousands of taxpayers’ dollars to fight an order by the Privacy Commissioner whose sole purpose is to make these decisions,” Porter says.

Now fed up with the collection of information, Porter and his team have decided to question the entire existence of the LCBO as it contravenes the Constitution Act of 1867 by challenging the Importation of Intoxicating Liquors Act (IILA) itself — which bans the free flow of goods (including alcohol, wine and beer) between the provinces. The argument hinges on Section 121: “All articles of Growth, Produce or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.” This challenge could, and would if successful, lead to the downfall of the LCBO. Social networks were abuzz with the news about the challenge. Alfred Wirth, president and director at HNW Management Inc., applauded the news on Facebook: “Any progress towards competition among merchandisers is to be appreciated – even if it’s for domestically-produced products. Several years ago, when I questioned why Ontario couldn’t privatize the LCBO, the then Minister of Health said that alcoholic beverages were a crucial health matter which the province had to control. Despite the risk of people (including underage youth) freezing to death during our cold Ontario winters, he did not explain why the sale of crucial winter coats could be entrusted to Sears, the Bay, etc…” While Porter himself posted an analogy to cigarettes: “How about this one. Cigarettes are so dangerous that you cannot advertise them on TV, print, billboards or even display them behind a counter… but they can be sold at any store. Alcohol is so dangerous that it has to be sold at a government store with specially-trained people… but the government itself floods the market with advertising and even publishes a free magazine where 50 per cent of the content is about consuming the product.”

Energy lawyer Ian Blue has joined the Vin de Garde team for the action. I interviewed Blue in 2010 about the IILA, which is now under fire. Here’s what Blue had to say: “The law that gives provincial liquor commissions a monopoly and the power they have, is federal law, the Importation of Intoxicating Liquors Act; it’s highly arguable that the law is unconstitutional. It’s also pretty apparent to government constitutional lawyers, who are knowledgeable in these matters… [If the Supreme Court of Canada] takes a hard look at the IILA, and if they do an intellectually honest interpretation, the IILA probably cannot stand up to constitutional scrutiny.”

In 2009, lawyer Schwisberg commented to me when speaking about the IILA: “The very underpinning of Canada’s liquor regulatory system is unconstitutional. Isn’t that a mind blower?” Blue said: “There is nothing natural or logical about the existing system. It bullies, fleeces and frustrates wine producers and the public… If the IILA were to fall… wine producers could probably make quantum leaps of progress towards a fairer and more rational system of liquor and wine distribution in Canada.”

June 3, 2013

CRTC rule changes may finally signal the end of the three-year phone contract

Filed under: Business, Cancon, Technology — Tags: , , — Nicholas @ 10:54

In Maclean’s, Steve Rennie outlines the new cell phone rules to come into effect later this year:

Wireless customers will be able to cancel their cellphone contracts after two years without any penalties — even if they’ve signed up for longer terms — under a new set of rules unveiled Monday by the federal telecom regulator.

However, the Canadian Radio-television and Telecommunications Commission didn’t go as far as an outright ban on the three-year contracts that Canadians vented so much about earlier this year as the national code for wireless services was being drafted.

“We didn’t focus on the length of the contract, we focused on the economic relation,” CRTC chairman Jean-Pierre Blais said in an interview.

“So, in effect, it’s equivalent to those asking for a ban of three-year contract without us actually banning three-year contracts, because what we’re saying is the contract’s amortization period can only be for a maximum period of 24 months.”

There’s also good news for those who travel with their cell phones (that’d be pretty much every Canadian traveller these days):

The CRTC is also capping extra data charges at $50 per month and international data roaming charges at $100 per month to avoid huge, surprise bills.

The regulator will require providers to allow customers to unlock their devices after 90 days, or immediately if they pay the full amount of the device.

May 30, 2013

The real reason we’re getting wall-to-wall senate scandal coverage

Filed under: Cancon, Government, Media — Tags: , , , , , , — Nicholas @ 08:41

Colby Cosh suspects we may be on the receiving end of a massive distraction attempt:

I’m starting to half-believe the theory that the Senate expense scandal was cooked up to cover other problems for the Conservative Party of Canada. The broad main effect of the Senate fracas so far has been to exasperate the hell out of everybody. Mike Duffy’s bad behaviour presents the public with the frustrating conundrum that only the Senate can make rules for or punish errant senators, and that the major features of the Constitution (including that one) are probably immune from formal amendment for the next hundred years or so. Stephen Harper’s statutory end-run proposals for permitting Senate elections and tightening term limits are currently awaiting scrutiny by the Supreme Court; if the court rejects his measures, he can argue that they represented at least a fillip of attainable accountability, which they do, and that it is not his fault they were bounced.

In modern history, providing convenient excuses for inaction by elected politicians is about 45 per cent of the court’s function. And, at that, maybe it is okay to notice that the court, now crowded with Harper appointees, is as much an audience for Duffy’s antics as the rest of us. On top of all this, the whole mess invited Justin Trudeau, following cues like a good drama teacher, to plunge headlong into the trap of not only defending the Senate, but defending it on the specific grounds that Quebec is beneficially overrepresented therein.

If people are pulling faces at the Senate, that’s a win for the Conservative party. But perhaps more importantly, it’s a boost for the New Democrats, who have a clear “dynamite it” position on the Senate that they have advocated pretty consistently for half a century. Keeping the seat counts of the NDP and the Liberals roughly level with each other is the paramount strategic axiom for the Tories from now until (at least) 2015.

Most Canadians over the age of 40 would rather do almost anything other than watch another attempt at constitutional wrangling … we saw what happened the last couple of times the feds and the provinces tried re-rigging things to their preference.

May 29, 2013

QotD: It’s time to go, Rob

Filed under: Cancon, Media, Politics, Quotations — Tags: , , , — Nicholas @ 15:37

Yes, the media is out to get Rob Ford. It’s politics. Most hacks are not militantly left-wing, though their political assumptions are broadly statist. What almost all successful reporters have, no matter what their political inclinations, is a sixth sense about good copy. They can smell blood from miles away. Even the most right-leaning member of Ford Nation, who has a slight tinge of journalistic ability, can sense Rob Ford is a headline generating machine. More than that he generates the right kind of headlines: Cheap, simple and easy to understand.

He’s a big fat white guy who keeps getting himself into trouble. The man is an elected Fox sitcom.

That’s why he has to go. Hopefully to be replaced by someone with his values but also with a modicum of common sense. When faced with allegations, whether absurd or serious, the instinctive reaction of the Mayor has been to whine like a petulant child and to blame a vast-left-wing conspiracy. It never seems to have occurred to the Mayor, who has a penchant for self-pity, that this same media complex is also besieging Tim Hudak, Stephen Harper, Jason Kenney, John Baird and Danielle Smith. Whatever you think of those politicians, each is enough of a professional to deal with the media they’re stuck with, rather than wish for a media that has never existed.

For the good of Toronto, Rob Ford needs to go.

Richard Anderson, “He Needs To Go”, The Gods of the Copybook Headings, 2013-05-29

May 28, 2013

Breaking new (legal) trails

Filed under: Cancon, Law, Media — Tags: , , , — Nicholas @ 08:10

Colby Cosh on the fascinating attempt by former Toronto Maple Leafs general manager Brian Burke to sue his alleged defamers on the internet:

Question: if you can defame someone on the internet, should they be able to sue you over the internet? Grouchy former Leafs GM Brian Burke intends to find out. His lawyers are set to appear in B.C. Supreme Court in Vancouver today, where they will argue that Burke should be able to serve notice of his defamation lawsuit against pseudonymous members of various internet forums by means of those forums themselves. “Ding! You’ve… got… mail.”

Early commentary on Burke’s lawsuit over claims he had an affair with a broadcaster was focused on the difficulty of tracking down internet anonymice and serving them with the right papers. The established pathway is to go through internet service providers to get them to disclose the identities behind IP addresses — but privacy-conscious tech firms don’t like to give up that info without a court order, and if Johnny Flapgums did not happen to post from home or work, a plaintiff is more or less out of luck anyway. In an unforeseen development, Burke is now asking the court to let him sue internet usernames as usernames, notifying the users of the action through the personal-messaging apparatus of the sites on which they posted their allegedly scurrilous comments.

If Burke succeeds with today’s motion, defendants such as “CamBarkerFan” and “Slobberface” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defence.

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